COM. v. DOWLING

No. 101 MAP 2007.

959 A.2d 910 (2008)

COMMONWEALTH of Pennsylvania, Appellee v. Eric DOWLING, Appellant.

Supreme Court of Pennsylvania.

Decided November 19, 2008.


Attorney(s) appearing for the Case

Richard S. Packel, Esq., for Eric Dowling.

William R. Toal, III, Esq., A. Sheldon Kovach, Esq., George Michael Green, Esq., Delaware County District Attorney's Office, for Commonwealth of Pennsylvania.

BEFORE: CASTILLE, C.J., and SAYLOR, EAKIN, BAER, TODD and McCAFFERY, JJ.


OPINION

Justice BAER.

Pennsylvania Rule of Criminal Procedure 621(B) provides in full that "[a]t any time before the commencement of trial, a waiver of a jury trial or the judge's approval thereof may be withdrawn." This appeal presents the issue of whether Appellant's trial had commenced at the time he sought to withdraw his jury trial waiver and reinstate his right to a trial by jury, where both parties waived opening arguments, but no witnesses...

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